LAKHI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsels for the Petitioner and the State.

(2.) This writ application is directed against the order dated 27th February, 1998 passed in Criminal Revision No. 311 of 1996 by the 3rd Additional Sessions Judge, Siwan, whereby the order dated 06.09.1996 passed by the Respondent No. 2 i.e. the Sub-Divisional Magistrate, Mahrajganj, District-Siwan in Trial No. 47 of 1996 under Section 133 of the Code of Criminal Procedure has been affirmed and the revision application was dismissed on merits

(3.) Learned Counsel for the Petitioner submits that the aforesaid order dated 06.09.1996 as contained in Annexure-5 passed by the Respondent No. 2 was contrary to the materials available on record inasmuch as the report of the Advocate Commissioner as contained in Annexure-2 with respect to the measurement of the land in question was not correct, and as such, the Sub-Divisional Magistrate ought not to have accepted the said report of the Advocate Commissioner. It is accordingly submitted that the aforesaid order as contained in Annexure-5 being bad in law deserves to be quashed and the impugned order dated 27th February, 1998 passed in Cr. Rev. No. 311 of 1996 as contained in Annexure-7 equally deserves to be quashed as the Respondent No. 2 as well as the Court below did not consider the moot question that the Petitioner has got right, title and possession over the land in question. Learned Counsel further submits that as a matter of fact in the Records of Rights the nature of the land in question was wrongly recorded as a 'Road'.